MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Education
By: Representatives Bennett, Arnold, Byrd
AN ACT TO AMEND SECTION 37-106-71, MISSISSIPPI CODE OF 1972, TO CLARIFY REPAYMENT AND CONVERSION TERMS AND THE ADMINISTRATION OF THE MISSISSIPPI DYSLEXIA EDUCATION FORGIVABLE LOAN PROGRAM; TO AMEND SECTION 37-106-53, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-106-71, Mississippi Code of 1972, is amended as follows:
37-106-71. (1) There is established the Mississippi Dyslexia Education Forgivable Loan Program for the purpose of identifying and recruiting qualified university and college students from the state for schooling in education with a focus on dyslexia therapy.
(2) The receipt of a forgivable loan under the program shall be solely limited to those students who are enrolled in or who have been accepted for enrollment into a master's degree program of study for dyslexia therapy at any public or private institution of higher learning within the State of Mississippi at the time an application for a forgivable loan is filed with the board.
(3) The annual amount of the forgivable loan award shall be equal to the total cost for tuition, materials and fees at the college or university in which the student is enrolled. Awards made to nonresidents of the state shall not include any amount assessed by the college or university for out-of-state tuition.
(4) Upon completion of the
master's program and licensure requirements, a forgivable loan recipient who
has not been previously licensed by the State Department of Education shall
render service in an instructional or clinical capacity as a licensed * * * dyslexia * * * therapist in a public school
district in the state or an eligible nonpublic school as defined by Section 37-173-1
and meets the criteria established in Section 37-173-17, not to exceed five (5)
recipients rendering instructional or clinical services in a nonpublic
school at any time.
(5) Repayment and conversion terms shall be the same as those outlined in Section 37-106-53, except that service may also be rendered on the basis of two (2) years' part-time service for one (1) year's loan amount.
(6) The board shall prepare and submit a report to the Legislature by January 1, 2015, and annually thereafter, outlining in detail the number of participants who have received forgivable loans under the program, the record of service provided by those recipients as they transition out of the degree program into the public school districts of this state, and the projection for expanding the program to include more participants annually as determined by the need for such qualified professionals in the public school setting. Additionally, the report shall include a summary of allocations and expenditures for the administration of the program and the total amount of funds issued to recipients of forgivable loans from the inception of the program until such time as the report has been prepared and submitted to the Legislature.
* * *
( * * *7) Funding for the establishment and
continued operation of the Mississippi Dyslexia Education Forgivable Loan
Program shall be administered by the board through a special fund established * * *
for the benefit of the Mississippi Dyslexia Education Forgivable Loan
Program. The board may accept and receive monetary gifts and donations
from any source, public or private, which such funds shall be deposited in the
special fund for the benefit of the Mississippi Dyslexia Education Forgivable
Loan Program * * *.
( * * *8) No more than twenty (20) students
per cohort shall be selected annually to be admitted into the program for receipt
of forgivable loans beginning with the 2013-2014 academic year. However,
forgivable loans awarded under the program shall be provided only to students
who have been accepted into a Dyslexia Therapy Master's Degree Cohort Program
approved by the State Department of Education that provides instructional
training as required under Chapter 173, Title 37, Mississippi Code of 1972, for
dyslexia therapy in preparation of those cohort students for AA licensure by
the department.
( * * *9) As part of the Mississippi
Dyslexia Education Forgivable Loan Program, the State Department of Education
is authorized and directed, subject to the availability of funds specifically
appropriated therefor by the Legislature, to provide financial assistance for
the recruitment, placement and employment of qualified licensed dyslexia
therapy professionals identified under Section 37-173-15(1)(b), Mississippi
Code of 1972, in order to provide dyslexia screening, evaluation and therapy
services to the students attending school in the school district. Said funding
may be used to purchase curriculum materials and supplies for dyslexia therapy
services. Said funding shall be provided to public school districts upon
application therefor regardless of the financial need of the school district in
an amount not to exceed Fifty Thousand Dollars ($50,000.00) annually, and
subject to specific appropriation therefor by the Legislature. In order to
qualify for such funds, the school district shall meet the following criteria:
(a) Use licensed dyslexia therapists or individuals participating in an approved training program resulting in State Department of Education licensure to provide dyslexia therapy to students diagnosed with dyslexia;
(b) Use daily Orton-Gillingham-based therapy;
(c) Have school leadership trained in dyslexia; and
(d) Have a current School Program Verification and Assurances form on file with the State Department of Education, Office of Curriculum and Instruction. Procedures and standards for the application for such funds shall be established by regulations developed and issued by the State Board of Education.
SECTION 2. Section 37-106-53, Mississippi Code of 1972, is amended as follows:
37-106-53. (1) Forgivable loans shall be made and based upon the following options for repayment or conversion to interest-free scholarships:
(a) Payment in full of principal plus a penalty of five percent (5%) of the principal and interest on the combined principal and penalty must be made in monthly installments, the maximum number of which will be determined by the board, unless set forth in this chapter. Interest will begin to accrue at the date of separation from the approved program of study at a rate equal to the unsubsidized Federal Stafford loan rate at the time of separation. Repayment will commence one (1) month after separation from the program of study, unless the recipient is granted a grace period or deferment by the board. The availability and length of a grace period will be determined by the board. The availability and length of any deferments will be determined by the board.
(b) In lieu of payment
in full of both principal and interest, a loan recipient may elect to repay by
entry into service employment. Service requirements for each forgivable loan
program will be determined by the board, unless set forth in this chapter.
Unless excepted by this chapter, repayment under this option shall convert loan
to scholarship, and discharge the same, on the basis of one (1) year's full-time
service for one (1) year's loan amount or its equivalent if the recipient
attended part-time, or the appropriate proportion of the total outstanding
balance of principal and interest, all as shall be established by rule and
regulation of the board. The period of service shall in no event be less than
one (1) year. If at any time prior to the repayment in full of the total
obligation the recipient abandons or abrogates repayment by this option, the
provisions of * * * paragraph (c) of this
subsection shall apply.
(c) In the event of
abandonment or abrogation of the option for repayment as provided for in * * * paragraph
(b) of this subsection, the remaining balance of unpaid or undischarged
principal plus a penalty of five percent (5%) of the unpaid or undischarged
principal and interest on the combined principal and penalty shall become due
and payable over the remaining period of time as if the option provided for in * * * paragraph
(a) of this subsection had been elected upon separation and the conclusion
of any applicable grace and deferment periods.
(2) Any person failing to complete a program of study which will enable that person to enter service employment, or failing to obtain any required licensure or additional credentials necessary for that person to enter service employment shall become liable to the board for the sum of all forgivable loan awards made to that person plus a penalty of five percent (5%) of the loan awards and interest on the combined amount accruing at the current unsubsidized Federal Stafford loan rate at the time the person abrogates his participation in the program.
(3) If a claim for payment under this subsection is placed in the hands of a collection agency or an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable collection commission or attorney's fee as well as any court costs.
(4) The obligations made by the recipient of a forgivable loan award shall not be voidable by reason of the age of the student at the time of receiving the scholarship.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.